Application For Condonation of Delay Runda With Supporting Affidavit

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BEFORE LD.

APPELLANT AUTHORITY UNDER PAYMENT OF GRATUITY


ACT, 1972
JEEVAN DEEP BUILDING, 4TH FLOOR, PARLIAMENT STREET, NEW
DELHI- 01

APPEAL NO. ………/ 2018

IN THE MATTER OF:

AIR INDIA LTD. ….. APPELLANT

VERSUS

F. G. RUNDA ….. RESPONDENT

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT READ

WITH SECTION 151 CPC AND SECTION 7(7) OF PAYMENT OF

GRATUITY ACT, 1972 ON BEHALF OF THE APPELLANT FOR

CONDONATION OF DELAY IN FILING APPEAL

Most Respectfully Showeth:-

1. That the captioned appeal under section 7(7) of the Payment of

Gratuity Act, 1972 read with Section 10 of the Payment of Gratuity

(Central) Rules, 1972 has been filed against the impugned order dated

21.05.2018 passed by the Ld. Controlling Authority holding that the

Respondent is entitled to a payment towards Gratuity of Rs.3,96,761/-

plus interest thereupon @ 10% per annum since 22.01.2013 as on date of

payment filed by the Appellant.

2. The facts and circumstances leading to the filing of the Appeal have

been set out in detail in the accompanying Appeal and the same are not

being repeated herein for the sake of brevity.

3. It is submitted that the Appellant herein being a large organization,

had to take approval for instituting any legal proceedings and in the said
process has to go through various levels and the same takes a lot of time,

therefore there was a delay in filing the present Appeal.

4. It is submitted that thus there is a delay of days in filing the Appeal

against order dated 21.07.2018. However, the delay is neither intentional

nor deliberate and it is prayed that the same may be condoned by this

Hon’ble Appellate Authority.

5. That the Application is being made bonafide and is in the interest of

justice. Further the Appellant will suffer irreparable loss if this Application

is not allowed by this Hon’ble Appellate Authority. It is submitted that no

prejudice would be caused to the Respondent if this application is allowed.

PRAYER

In view of the aforesaid, it is most respectfully prayed that this

Hon’ble Appellate Authority may be pleased to:

(i) condone the delay of days in filing the Appeal: and

(ii) Pass any other or further order(s) as this Hon’ble Court may

deem fit and proper in the facts and circumstances of the

present case.

APPELLANT

THROUGH

BHASIN & CO., ADVOCATES


10th FLOOR“DAKSHINESHWAR”
10 HAILEY ROAD
NEW DELHI – 110 001

PLACE: NEW DELHI


DATED: .07.2018
BEFORE LD. APPELLANT AUTHORITY UNDER PAYMENT OF GRATUITY
ACT, 1972

JEEVAN DEEP BUILDING, 4TH FLOOR, PARLIAMENT STREET, NEW


DELHI- 01

APPEAL NO. ………/ 2018

IN THE MATTER OF:

AIR INDIA LTD. ….. APPELLANT

VERSUS

F. G. RUNDA ….. RESPONDENT

AFFIDAVIT

AFFIDAVIT OF ………………, AGED ABOUT ………… YEARS, S/O. SHRI

………………………., C/O AIR INDIA LIMITED, 113,GURUDWARA RAKAB GANJ

ROAD, NEW DELHI – 110 001.

I, the deponent abovenamed, do hereby solemnly affirm and state as under :-

1. I say that I am ………………………… of the Air India Ltd. / Appellant and as

such being conversant with the facts and circumstances of the present case on

the basis of record maintained by the Appellant Company, I am competent to

swear this affidavit.

2. I say that I have gone through the contents of accompanying application

for Condonation of Delay and state that the contents of same are true and

correct to the best of my knowledge.

DEPONENT

VERIFICATION:-

Verified at Delhi on this the day of July, 2018 that the contents of the

aforesaid affidavit are true and correct, no part of it is false and nothing material

has been concealed therefrom.

DEPONENT

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